For a long time, the traditional trial was considered the only possible solution to a legal problem. However, this era is over with the arrival of private out-of-court payment methods. While not yesterday’s innovations, their growing popularity makes them increasingly attractive to avoid cumbersome court cases.
Are all types of cases that can be brought to mediation or arbitration? No, but it’s a safe bet that your situation lends itself to it and that you will find what you need! Also, a growing number of arbitration lawyers devote part of their practice to such private proceedings.
Mediation With A Lawyer: A Solution In Civil And Family Law!
Mediation ranks at the top of private dispute resolution methods in terms of popularity. The informal nature and the good faith premise of such an approach make it a peaceful option conducive to solutions. But how does a mediation session take place?
First, you should know that the mediation process can only begin if the two parties to the dispute agree to participate. As long as one chooses to back down or presents himself armed in bad faith, the mediation will be held in check.
The reason for such consensual lies in the very functioning of mediation. The mediator has no decision-making power. It is not him, but rather the parties to the dispute who must agree. The mediator is present to promote discussion, ensure that each party has the opportunity to be heard, and suggest possible solutions.
The mediator’s duties also consist of advising the parties on the scope of their respective rights and an impartial and egalitarian manner. A mediator who favors one party to the detriment of another would contradict his duties and violate the latter’s rights.
We must also not forget the importance of consent during a mediation process. The person who agrees to participate must maintain this same consent throughout the process and withdraw it at any time. In such a case, the mediation ends.
Anyone wishing to avoid the burden of a lawsuit should consider mediation as the preferred alternative. Not only will you avoid high legal costs, but also a bad faith conflict that will only ruin your life.